Agenda and minutes

Apologies for absence were received from Councillor P Colvin.

To agree the notes of the meeting held on 23 June 2015

The Notes from the meeting held on 23 June 2015 were agreed as a correct record, subject to the following amendment:

Page 6, paragraph 4, first line be amended to read:

Councillor Crofts pointed out that people living along Elm Road, Emneth, rather than at the back of B&Q as the notes stated, were experiencing problems with the impact of traffic onto the roundabout and expressed concern about the planning application for development which had been submitted.

To consider any matters arising.

There were no matters arising.

Please indicate if there are any interests which should be declared.  A declaration of an interest should indicate the nature of the interest (if not already declared on the Register of Interests) and the agenda item to which it relates.  If a disclosable pecuniary interest is declared, the member should withdraw from the room whilst the matter is discussed.

These declarations apply to all members present, whether the Member is part of the meeting, attending to speak as a local Member on an item or simply observing the meeting from the public seating area.

The Chairman, Councillor Mrs Spikings invited the Legal Services Manager to give advice on declaring interests.

In response, the Legal Services Manager explained that with regard to discussion taking place on sites generally there was no requirement for a Member to declare an interest.  However, it was the Council’s policy to declare an interest when specific housing sites were being considered.

Members wishing to speak pursuant to Standing Order 34 should inform the Chairman of their intention to do so and on what items they wish to be heard before the meeting commences.  Any Member attending the meeting under Standing Order 34 will only be permitted to speak on those items which have been previously notified to the Chairman.

There were no Members attending under Standing Order 34.

(i)            Habitats regulations Issues – Inspector’s Note to the Council

(ii)          Deliverability & Flexibility Implications – to receive a verbal update.

The LDF Manager explained that the Local Plan Examination was adjourned on the opening day in order to give the Council an opportunity to address a number of issues that had been identified.  The issues were:

·         Compliance with the Habitat Regulations.

·         Flexibility if allocated sites failed to come forward.

·         Flooding.

The LDF Manager gave a Powerpoint presentation which set out the Council’s approach to the issues raised by the Inspector.

Members’ attention was drawn to the note from the Inspector attached at page 8 of the Agenda. 

In response to questions from Councillor Moriarty regarding sites affected by the Habitat Regulations and the impact on West Norfolk, the LDF Manager explained that the Habitat Regulations referred to European designated sites only and gave examples of Dersingham Bog, Roydon Common, Ouse and other sites.  The LDF Manager explained that Habitat Regulations Assessments were necessary in order to identify any sites which could become potentially damaged from occupants of new growth proposed in the Plan.  The Habitats Regulations Assessments would recommend a number of measures to mitigate any issues.  The Task Group was advised that an 8 to 10 m zone would be drawn around each of the sensitive sites.

Following questions from Councillor Mrs Watson on sites in Brancaster being affected, the LDF Manager advised that the National Trust would have identified their own marsh areas and addressed any measures required in relation to the impact of growth within the Borough.  The LDF Manager explained that contact should be made with the specific organisations to ascertain the current pressures and the cumulative impact of growth on the North Norfolk Coast and the whole of the Borough.

Councillor Crofts commented on the local opposition regarding the West Winch proposal and asked if Parish Councils would be consulted again.  In response, the LDF Manager explained that a petition of 90 signatures had been received at the consultation stage.  A recommendation to Cabinet would be to reinstate the land at West Winch (approximately 320 units) as an allocation.  The Inspector required major modifications to the Plan, there would be an opportunity for representations to be made within a six week consultations period which would then be sent direct to the Inspector who would determine the decision.

The Executive Director, Development and Environment informed the Task Group there were two issues to consider:

·         Does the Borough Council respond to the deliverability and flexibility implications?

·         Delivery of broader allocations.

Following questions from Councillor Moriarty on the removal of the section of the West Winch allocation and the overall affect, etc, the LDF Manager advised that there were various scenarios for the strategic direction of growth in the West Winch/ North Runcton corridor where 1600 hours were required up to the period 2026.  However, it was explained that the larger allocation was capable of taking 3200 to 3500 support longer term growth.  It was therefore expected that the landowner would provide an Infrastructure Development Plan which would include the delivery of the higher number of units.  ...  view the full minutes text for item 6.

To receive a verbal update.

The Executive Director, Development and Environment gave a Powerpoint presentation on the 5 year land supply which included the following:

·         What is a 5 year land supply?

·         Background

·         Judicial Review and Outcome.

·         Lack of 5 year land supply – what could this mean in practice for determining applications?  How are applications going to be considered now?

·         How long will this change last?

·         How do we respond?

In conclusion the Executive Director, Development and Environment recommended to the Task Group that the Council had to boost supply, this was not optional and that the Council was not in a position to undertake consultation.

The Executive Director, Development and Environment outlined the strategy regarding the Local Plan allocations and inviting submissions of planning applications prior to the Local Plan being adopted.

The Executive Director, Development and Environment informed the Task Group that this enabled the Borough Council to take a degree of control in encouraging developers to come forward. The Borough Council could write to landowners of allocations and whose land was not identified as the preferred option and draw attention to the change and advise that they could seek advice and consider submitting a planning application to the Planning Committee for determination.

The Legal Services Manager advised that now the Task Group was discussing specific site allocations, Members should consider declaring the appropriate interests.

The Chairman, Councillor Mrs Spikings declared a prejudicial interest and left the meeting.

The Vice-Chairman, Councillor Peake declared a prejudicial interest and left the meeting.

Councillor Mrs Watson was elected Chairman for consideration of this item.

The proposed recommendations from the Task Group to Cabinet were outlined.

In response to questions from Councillor Crofts regarding applications being submitted and the timescales for representations to be made, the Executive Director, Planning and Environment explained that the planning process had a statutory consultation period and the Planning Committee would assess representations made.  The test to be applied regarding the 5 year land supply was whether the proposed development was sustainable in the locality, in line with the NPPF.

Following questions from the Chairman, Councillor Mrs Watson queries whether second homes along the North Norfolk Coast were being categorised as sustainable development, the Executive Director, Planning and Environment advised that the Borough Council had no control over second homes.

In response to comments from Councillor Moriarty on allocation to areas being based on sustainability, the Executive Director, Development and Environment explained that if, for example, 30 houses were allocated in the Local Plan and an application was received for 50 houses it could not be argued that 50 homes was considered unsustainable development if in an acceptable/sustainable location.

The Task Group was advised that following the outcome of the Judicial Review, to date no written judgement had been received from the Court.  However, the legal Services Manager advised that although the written judgement had not been received this would not stop sites coming forward.

The Task Group considered and discussed each of the proposed recommendations to Cabinet.

The Executive Director,  ...  view the full minutes text for item 7.

To note that the next scheduled meeting of the LDF Task Group Task Group will be held on Wednesday 9 September 2015 at 9.15 am in the Committee Suite, King’s Court, Chapel Street, King’s Lynn.

The next meeting of the LDF Task Group would take place on Wednesday 9 September 2015 at 9.15 am in the Committee Suite, King’s Court, Chapel Street, King’s Lynn.